White Papers
E-discovery in 2020: The Sudden Shift in Our Data Footprint
The pandemic has impacted us all in many ways, personally and professionally. Like any major event, the impact of the pandemic and its ripple effects will be studied for many years to come. This holds true for e-discovery. In this FTI Report we examine the impact of rapid change in our discoverable data make-up. We take a close-up view of what it means for legal teams---how to adapt, adjust and take action as analyzing rich media as well as fragmented chat strings become key to e-discovery and investigation efficacy.
FTI Consulting surveyed over 500 corporate data privacy leaders to understand the solutions, strategies and budgets companies have planned to address data privacy challenges in the coming year. This survey report illustrates how organizations are balancing the costs and risks of managing data in an ever-changing data privacy landscape; the importance of implementing a strategic combination of people, process and technology to mitigate data privacy risk; and the status of future plans in light of today’s uncertainties.
Five Steps To E-Discovery Workforce Continuity in Our New Normal
At FTI, we have adapted our e-discovery offerings to adhere to pandemic-related stay-at-home orders and distancing policies. In this guide, we share the steps we have taken to maintain continuity with the hope you can apply them to your own organization and teams.
Limping to the GDPR Finish Line - Why Many Companies Still Aren’t Fully Compliant
To date, GDPR compliance at most organizations has been approached from the top down. Policies and procedures are essential. However, now that most organizations have those in place, it is time to begin revisiting GDPR programs from the bottom up — starting with the systems where data lives, to ensure cohesive alignment between the existing privacy policies, business requirements, and the IT systems and infrastructure.
Corporate Data Privacy Today; A Look at the Current State of Readiness, Perception and Compliance
FTI Consulting recently conducted a survey of more than 500 data privacy leaders of large, U.S.-based companies. The results illustrate the state of data privacy in today’s corporations, giving insight into the programs, perceptions and strategies at play.
Case Narratives and The Next Generation of Discovery
As e-discovery technology advances, expert teams are utilizing new processes to improve on the existing workflows and to drive greater efficiency and cost-effectiveness in factual case strategy development. In turn, attorneys that partner with researchers will serve their clients better, faster and more cost effectively during this critical phase of litigations and investigations. This will lead to improved client satisfaction and allow attorneys to maintain their positions as trusted advisors, all while continuing to deliver consistency and quality.
Committing To Data Privacy Compliance: The California Consumer Privacy Act And Steps To Prepare
California’s new data privacy law, The California Consumer Privacy Act of 2018 (CCPA), is ushering in a new era of consumer privacy protections in the U.S. The law takes effect January 1, 2020, and will provide broad privacy protections for California residents. To ensure regulatory readiness, organizations must prepare for the impact the law will bring to their business, understand obligations and take steps to modify processes accordingly
The General Counsel Report: Corporate Legal Departments in 2020
FTI Technology and Relativity partnered with Ari Kaplan Advisors to survey chief legal officers about the future of the legal industry and the skills and expertise needed for the next generation of lawyers. The results of these interviews clearly indicate an industry in transition across four key areas: the evolving role of in-house counsel, risk factors and how the modern legal department is addressing them, technology and innovation in law, and advice that general counsel have for their law firms and for future lawyers.
Merger Clearance Investigations - Increased Rigor and Emphasis on Internal Documents
Historically, when two companies have proposed a merger or acquisition, European competition authorities evaluated various economic and market analyses to determine whether the transaction would establish too dominant of a position for the companies in any given market. Now, regulators, particularly DG Comp and competition agencies in the UK, Germany and France, are increasingly interested in the review of contemporaneous internal documents.
This year’s State of E-discovery report pulls from the latest economic, case law, and professional e-discovery and legal industries to paint a picture of an industry at an inflection point. With the information contained in it, you can make the strategic decisions you need to ensure you stay ahead of the e-discovery curve.
Form Follows Function: Negotiating the Second Request Process with Government Regulators
There may be no process in the entire legal business fraught with more urgency than an HSR Second Request. Legal teams are expected to process, review and produce a large quantity of documents in only a few months. Failure to properly comply can result in significant delays. Because of this, there is an enormous temptation to begin the review the moment a Second Request is announced. This temptation, however, must be resisted until some key "gating factors" are negotiated with the government.
Revolutionising the Monitoring of Culture and Misconduct Risks and Related Investigations
Intelligent use of modern techniques such as machine learning and predictive technologies enable risk and compliance functions to respond to today’s escalating expectations
Given its lawlessness, complexity and lack of transparency, monitoring the Dark Web requires expertise and experience. It is often difficult for organisations due to a lack of highly skilled resources and skillset they typically have available. Instead, companies would be better served by working closely with a technology provider who can provide the relevant support along with assistance in closely monitoring the Dark Web for relevant data using specialist tools and techniques.
Spear Phishing: Carefully Targeted, Extremely Damaging and Fast Increasing
As spear phishing becomes sophisticated and widespread it’s essential that organisations take a multi-layered approach to protecting themselves. This means buying in expertise in staff training, cyber security and monitoring from an external source that specialises in this growing risk.
GDPR Breach Crisis: Are You Prepared?
The GDPR compliance deadline might have passed but over two-thirds of UK firms acknowledge they are at risk of a GDPR breach crisis. While data mapping and updating privacy policies are an important aspect of GDPR preparedness, many companies will struggle to respond to GDPR breaches and incidents.
Advice from Counsel: State of the Union on Data Privacy & Security
The 12th Advice from Counsel study explores how issues of data security and privacy impact in-house legal teams at Fortune 1000 corporations and reveals the top concerns and emerging best practices across three key and intersecting topics: the General Data Protection Regulation (“GDPR”), IG and data security and remediation.
GDPR Countdown - May 2018: The Starting Point, Not the Finish Line
Companies around the globe are impacted by the landmark EU legislation, the General Data Protection Regulation (GDPR) which comes into force on May 25, 2018. While there is tremendous focus on the steep fines, the risks associated with reputational damage due to the inappropriate management of personal data is much greater.
Using Information Governance Tactics to Prepare for the GDPR
Much like Information Governance, preparation for the General Data Protection Regulation is a cross-departmental concern that requires input from many different groups within an organization, including privacy, compliance, legal, line of business, IT and information security.
The Lawyer - Global Litigation 50 Report, 2017
Technology is revolutionising the way lawyers practice their trade. To deliver the greatest value to their clients, legal professionals must know about the latest technological solutions.
Data storage has never been cheaper. But the downstream costs – data discovery, legal review and data breaches, to name just a few – have never been higher. If you don’t yet have a data remediation policy, this collection of stats, facts and references provides 92 reasons to start planning for one.
We asked 33 in-house compliance leaders: How can organizations create an information governance framework that protects data while staying adaptive to the rapidly evolving business landscape?
Transforming Risk: Shifting from Reactive to Proactive
With many organisations struggling to deal with the rapid explosion of data, coupled with increasingly aggressive regulatory enforcement, how should they drive change in information governance?
Transforming Risk with Better Information Governance
As regulated companies are required to manage ever growing amounts of data, and regulators are imposing increasingly severe fines, how can firms ensure they comply with this greater scrutiny?
Quick Wins in Information Governance
From protecting sensitive customer data from cyber threats to complying with data protection laws, corporate information governance efforts are quickly becoming “must do” projects. In this paper, Sonia Cheng gives her top 5 pragmatic and proactive tips to help in-house legal teams achieve quick wins for information governance projects.
Evaluating the Opportunities Presented by Analytics and Visualization in Legal Review
Analytics are changing the game in e-discovery. Written by Blue Hill Research analyst David Houlihan, this report compiles feedback from corporate legal departments, law firms and service providers on best practices for using analytics to reduce costs.
As employees migrate to an ever-increasing number of apps, how can legal teams ensure that this data is picked up as part of the usual e-discovery process?
How Predictive Coding is Changing the Legal Landscape
The first formal judicial endorsement of the use of predictive coding in e-disclosure in the UK came from Master Matthews in his High Court ruling in the Pyrrho Investments v MWB Property Ltd case. In this paper, we look at the landmark decision and how it is likely to impact e-disclosure costs and proportionality arguments in UK courts, and increase the willingness of legal teams to use predictive coding in document reviews as part of a wide range of disputes and investigations.
The State of Information Governance in Corporations
For this Advice from Counsel study, we interviewed in-house counsel to better understand the health and success of information governance programs within corporations. The results clearly show that with a few exceptions, most organizations are in the early stages of information governance adoption. Yet these executives have strong advice on how best to begin and implement an IG initiative. From these results, organizations can better under¬stand how their peers are successfully keeping an eye on the big picture while executing quick wins that help build momentum for broader IG initiatives.
Identifying & Protecting the Corporate Crown Jewels
Every organization has a set of crown jewels—information that is critical, unique or irreplaceable. From the CEO’s emails to the board, to sensitive IP, organizations need to properly identify, categorize and secure these crown jewels. This paper is designed to provide a practical overview of how to secure your company’s crown jewels, from stakeholder involvement to developing repeatable processes and technical considerations.
Why Data Deletion Makes Sense (and Dollars)
Conventional wisdom says the cost of storing data is declining. That’s true. But the total cost to businesses to store data is rising unsustainably because they are collecting — and retaining — more data than ever before. The key to controlling costs and freeing up operating capital is deleting data you don’t need to store. How do you know what you don’t need? Two words: information governance.
Measuring Your E-discovery Program Against Industry, 2015
How does your e-discovery program measure against your peers? How does your team size, budget and technology adoption compare to other companies? Download the study now to learn best practices from Fortune 1000 e-discovery professionals on a range of topics, from data security to budget transparency and retention policies.
Mobile Devices, Data Collection and the Next E-discovery Front
Mobile devices are impacting corporations profoundly in ways both obvious and subtle. As in-house counsel, IT staff and the security department grapple with bring your own device (BYOD) policies, security issues and the massive proliferation of data generated by mobile devices, they may not be focusing as closely on litigation and investigational risks caused by mobile device data.
What do Van Halen, M&Ms and metrics in e-discovery have to do with one another? More than you might think.
Advice from Counsel: 13 Ways Your E-discovery Manager Thinks You Can Reduce E-discovery Spending
What if you could ask 25 of the most experienced e-discovery managers from the Fortune 1000 for their advice on reducing e-discovery costs? That’s exactly what we did, and we’re sharing the results.
Learn the key survey findings, areas of practical concern for multinational corporations and law firms, and expert perspectives on the evolving legal, technical and cultural landscape impacting e-discovery in the Asian region.
Advice from Counsel: The Emerging E-discovery Playbook
Fortune 1000 corporate counsel share advice about how corporations manage their e-discovery programs in this annual survey.
Think Green: How Multi-Matter Repositories, Done Right, Can Save Cost Through Litigation Lifecycles.
Learn about assessing whether a multi-matter repository could provide your company quantifiable cost savings and key considerations for developing a defensible multi-matter repository.
Advice from Fortune 1000 E-discovery Experts: Achieving & Maintaining E-discovery Fitness
Download this report to see new survey results from Fortune 1000 e-discovery experts and benchmark your e-discovery fitness against industry averages.
Seeing is Believing: Using Visual Analytics to Take Predictive Coding Out of the Black Box
Download this white paper learn more about confirming predictive coding results.
Discovery Shifts to the Cloud: Rewards and Perils for Your IT and Legal Teams
Adoption of Cloud computing continues to gain momentum, impacting every segment of the technology and legal worlds. Learn key e-discovery factors to consider as your organization transitions to the cloud and SaaS e-discovery offerings.
Can Predictive Coding Add Value to Your Case?
Landmark cases including Da Silva Moore have resulted in rulings favorable to predictive coding. But is this proven process right for your case, or will it add more problems than it solves? Download this white paper and use its 10 guidelines as a quick self-assessment.
Learn key considerations for implementing two main collection methodologies – physical collection vs. logical collection.
Advice from Counsel: Trends that Will Change E-discovery (and What to Do About Them Now)
Learn about where e-discovery is going, and what you can do today to better prepare for these changes.
Advice from Counsel - Can Predictive Coding Deliver on its Promise?
FTI Technology commissioned an interdisciplinary survey of law firm leaders and senior corporate counsel to identify key trends and perspectives on the emergence of predictive coding.
The Experts Weigh In: E-discovery Strategies for International Anti-bribery Investigations
Compare strategies for navigating the technological, legal, and cultural barriers of conducting an effective cross-border investigation.
Advice from Counsel: An Inside Look at Streamlining E-discovery Programs
Top advice from peers for creating effective e-discovery programs.
Attorney Review in the Enterprise: Choosing Deployment Options
Download this white paper from the Enterprise Strategy Group, and better understand the key considerations for each legal review model.
Exchange Message Tracking Logs - Message Forensics
Microsoft’s LogParser utility, designed to monitor message flow for production and troubleshooting in an Exchange environment, may also be applied for conducting investigations of unacceptable communications.
Budgeting for E-discovery: Understanding Pricing Models for Cost Control and Transparency
How to more effectively budget for an e-discovery program that best suits your needs.
For those involved with multinational e-discovery, Part 2 of the report includes an appendix of country-specific profiles for France, Germany, Spain, Switzerland and the United Kingdom.
This 32-page practical review of data privacy requirements and processes that will help corporations and law firms legally collect, process, review and transfer data for litigation, regulatory requests or investigations.
The End of Piecemealing: Improving Upon All-in-One Document Review Offerings
This paper discusses the shortcomings of a piecemeal approach compared to an integrated approach, and how all-in-one offerings may still fall short. It explains the essential features of effective integrated approaches to e-discovery and document review, and lays out the specific features companies should consider in selecting an all-in-one, integrated document review provider.
The Problems of Keyword Search in E-discovery
Learn more about the difficulties working with keywords during a matter, the many challenges associated with relying on keyword search and the cost and risk associated with attempting to "guess” one's way to a relevant document.
The E-discovery Playbook shows you how to assemble the right team, develop a process and choose the right play for your winning case game plan.